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25 February 2022
Issue: 7968 / Categories: Features , Aviation
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Airline strikes: extraordinary circumstances?

73190
Lee Finch & Ann-Marie O’Neil examine the high threshold for determining which events are outside an airline’s control
  • Industrial action by an airline carrier’s employees touching on their conditions of employment did not amount to an ‘extraordinary circumstance’ for the purposes of Art 5(3) of Regulation (EC) 261/2004.
  • Where flights are cancelled as the result of such strikes, carriers are liable to pay compensation to the affected passengers.
  • Involved consideration of CJEU decisions which had been issued after the end of the implementation period.

Ryanair recognised unions for the first time in December 2017. Subsequently, unions in multiple jurisdictions commenced negotiations with Ryanair. The Irish union, Fórsa, made 11 demands in relation to the seniority structure among Irish pilots. Ryanair argued that these demands could not be satisfied as they would compromise its business model and ability to operate as a low-cost airline. As a result of the failed negotiations, pilots and cabin crew employed by Ryanair went on strike in July, August and September 2018.

The strike caused the cancellation of multiple

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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